NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ERNEST L. FRANCWAY, JR., Claimant-Appellant

v.

ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee ______________________

2018-2136 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 16-3738, Judge Michael P. Allen, Judge Amanda L. Meredith, Judge Joseph L. Toth. ______________________

SUA SPONTE REHEARING EN BANC ______________________

Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN, HUGHES, and STOLL, Circuit Judges. PER CURIAM. ORDER This case was argued before a panel of three judges on June 6, 2019. A sua sponte request for a poll on whether 2 FRANCWAY v. WILKIE

to consider this case en banc was made. A poll was con- ducted, and the judges who are in regular active service voted for sua sponte en banc consideration. Accordingly, I T I S ORDERED THAT: 1. Rehearing en banc is granted for the limited pur- pose of deleting footnote 1 and accompanying text from the previous precedential opinion and replacing it with a new en banc footnote 1. 2. The previous precedential opinion, dated July 23, 2019, is hereby withdrawn and replaced with the modified precedential opinion attached to this order.

FOR THE COURT

October 15, 2019 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court